Barker v. Callihan
Supreme Court of Alabama
Wjiit of error to the Chancery Court sitting at Cahawba. The defendant in error filed an original and supplemental bill against the plaintiffs, which, so far as necessary to be noticed, allege, among other things, that the complainant was the proprietor of two promissory notes for one thousand dollars each, made by George Thomas, and payable to him, the one on the first of March, 1842, the other on the first of March, 1843. That these notes were won from him at a game called…
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Wjiit of error to the Chancery Court sitting at Cahawba. The defendant in error filed an original and supplemental bill against the plaintiffs, which, so far as necessary to be noticed, allege, among other things, that the complainant was the proprietor of two promissory notes for one thousand dollars each, made by George Thomas, and payable to him, the one on the first of March, 1842, the other on the first of March, 1843. That these notes were won from him at a game called Faro, in the town of Selma, in October, 1841, by the defendants, James Barker, Luke Johnson, Daniel Aldrich and James…
1Opinion of the Court
COLLIER, C. J.-
It is immaterial to the parties who have assigned error here, what decree has been rendered against Thomas, if the cause has been correctly disposed of as to them. They cannot be permitted to allege an error as to him which does not affect themsolves. [Morgan v. Crabb, 3 Porter’s Rep. 470; Bumpass etal. v. Webb, 4 Porter’s Rep. 65.] Here the important questiion is, whether the defendants claiming the notes, are, as against the complainant, entitled to them: if they are not, it is unimportant to their interests who receives the money.
The jurisdiction of equity in the present…
2Cases cited1 opinion
- Fenno v. SayreSupreme Court of Alabama · 1842
3Cited by3 opinions
- Beer v. LandmanTexas Supreme Court · 1895
- Foreman v. HardwickSupreme Court of Alabama · 1846
- Berry v. DunnSupreme Court of Alabama · 1918